83 FR 40355 - Termination of Operating License for the Buffalo Materials Research Center Reactor

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 157 (August 14, 2018)

The U.S. Nuclear Regulatory Commission (NRC) is providing notice of the termination of Facility Operating License No. R-77 for the Buffalo Materials Research Center (BMRC). The NRC has terminated the license of the decommissioned BMRC at the State University of New York at Buffalo (UB or the licensee) facility in Buffalo, New York, and has released the site for unrestricted use.

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40355-40356]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17456]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-57; NRC-2018-0166]


Termination of Operating License for the Buffalo Materials 
Research Center Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: License termination; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is providing 
notice of the termination of Facility Operating License No. R-77 for 
the Buffalo Materials Research Center (BMRC). The NRC has terminated 
the license of the decommissioned BMRC at the State University of New 
York at Buffalo (UB or the licensee) facility in Buffalo, New York, and 
has released the site for unrestricted use.

DATES: Notice of termination of Facility Operating License No. R-77 
given on August 14, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0166 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0166. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Kim Conway, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington 
D.C. 20555-0001; telephone: 301-415-1335; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    The BMRC reactor in Buffalo, New York, was located on the south 
campus of UB. The BMRC reactor began operation in 1961 and was shut 
down on June 23, 1994. On June 6, 1997, the license was amended to 
possession only.
    By letter dated February 17, 2012 (ADAMS Package No. ML120540187), 
as supplemented by letters dated June 20, 2012 (ADAMS Accession No. 
ML121870132), September 21, 2012 (ADAMS Accession No. ML122780454), and 
October 15, 2012 (ADAMS Accession No. ML12297A237), the licensee 
submitted a request to the NRC to approve a license amendment and a 
revised decommissioning plan (DP) for the BMRC reactor. The NRC 
approved the UB revised DP by Amendment No. 27, dated November 5, 2012 
(ADAMS Accession No. ML12290A694).
    In the Safety Evaluation Report related to the DP approval (ADAMS 
Accession No. ML12286A352), the NRC staff determined that the revised 
Final Status Survey (FSS) Plan for the BMRC (ADAMS Accession No. 
ML12278A373) was consistent with the guidance and methodology in NUREG-
1575, ``Multi-Agency Radiation Survey and Site Investigation Manual 
(MARSSIM),'' and NUREG-1757, ``Consolidated

[[Page 40356]]

Decommissioning Guidance.'' The licensee's decommissioning activities 
included decontamination, dismantlement, and demolition of various 
systems, structures, and components followed by MARSSIM-based FSS.
    By letter dated January 12, 2017, UB submitted the FSS Report for 
the BMRC and requested the termination of Facility Operating License 
No. R-77 (ADAMS Accession No. ML17039A897). The NRC staff reviewed the 
FSS Report, which states that the criteria for termination set forth in 
UB's license, and as established in its DP and FSS Plan, have been 
satisfied. Supplemental information was provided in an email from the 
licensee dated February 13, 2018 (ADAMS Accession No. ML18075A415), 
which addressed additional questions and items requiring clarification 
that were provided to the licensee.
    Throughout the decommissioning process, inspectors from the NRC's 
Region I office conducted routine safety inspections at the BMRC, as 
documented in the following NRC Inspection Reports (IRs): IR 050-00057/
2015-001 (ADAMS Accession No. ML16007A027), IR 050-00057/2014-001 
(ADAMS Accession No. ML15027A411), IR 050-00057/2013-003 (ADAMS 
Accession No. ML14219A022), IR 050-00057/2013-002 (ADAMS Accession No. 
ML13204A096), and IR 050-00057/2013-001 (ADAMS Accession No. 
ML13106A379). The inspections consisted of observations by the 
inspectors, interviews with BMRC and contractor personnel, confirmatory 
measurements, collection of soil samples, and a review of work plans 
and work instructions. The NRC inspections also verified that 
radioactive waste associated with the decommissioning project had been 
shipped offsite and that the decommissioning and final status survey 
activities were being conducted safely and in accordance with 
regulatory requirements, licensee commitments, and the NRC-approved DP. 
No health or safety concerns were identified during the NRC 
inspections.
    During the periods of January 26-29, February 3-6, and August 17-
21, 2015, the Oak Ridge Associated Universities (ORAU) performed 
confirmatory surveys in support of the BMRC excavation, which included 
surveys of surrounding soils, backfill material, and soil laydown 
areas. The survey activities included visual inspections, gamma 
radiation surface scans, gamma and beta radiation measurements, and 
soil sampling activities of six FSS units, which were combined into two 
confirmatory survey units. At the time of confirmatory survey 
activities, structures associated with the BMRC had been demolished and 
removed from the site. The site consisted of exposed bedrock where the 
BMRC facility was located, and the impacted soils surrounding the 
excavation. The ORAU provided the results of the confirmatory surveys 
in a report dated January 6, 2016 (ADAMS Accession No. ML16006A200). 
The ORAU site data support the conclusion that the residual activity 
levels satisfy the DCGLs.
    Based on observations during NRC inspections, decommissioning 
activities have been carried out by UB in accordance with the approved 
BMRC DP. Additionally, the NRC staff evaluated the licensee's FSS 
Report and the results of the independent confirmatory survey conducted 
by ORAU. Based on the NRC staff's evaluation of the FSS Report sampling 
and scanning data, NRC staff inspections, ORAU confirmatory analysis, 
and comparison to the BMRC reactor DP and FSS Plan criteria, the NRC 
staff concludes that the BMRC reactor decommissioning has been 
performed and completed in accordance with the approved DP, and that 
the facility and site are suitable for unrestricted release in 
accordance with the radiological criteria for license termination in 10 
CFR part 20, subpart E.
    Therefore, pursuant to 10 CFR 50.82(b)(6), Facility Operating 
License No. R-77 is terminated.

    Dated at Rockville, Maryland, this 6th day of August, 2018.

    For the Nuclear Regulatory Commission.
Andrea L. Kock,
Acting Director, Division of Decommissioning, Uranium Recovery and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-17456 Filed 8-13-18; 8:45 am]
 BILLING CODE 7590-01-P